Fuquay Varina, NC asked in Divorce, Domestic Violence and Family Law for North Carolina

Q: In NC, what is considered sufficient evidence of physical abuse, infidelity, and financial abuse in divorce proceedings

I have audio recording of physical abuse, pictures of the abuse, and a hospital visit for one injury. The cheating I only have screenshots of mild conversations and a screenshot of his location when he was in a hotel room with a prostitute.

1 Lawyer Answer
Daphne Edwards
Daphne Edwards
  • Domestic Violence Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: When a husband and wife are divorcing, I often address (1) division of marital property, (2) alimony, and (3) custody. In dividing the marital property, a court does not consider any misconduct except misconduct that harms the value of marital property, such as excessively spending of assets or acts to devalue the property. If there is such misconduct, you would need to show it occurred by a preponderance of the evidence, which means that the evidence as a whole which shows the fact is more likely than not.

For alimony, a court considers marital misconduct, including infidelity and indignities, such as the cheating and horrible physical abuse you describe. The audio recording of abuse, pictures of abuse, and medical records are all excellent evidence. The court will consider this evidence to determine both the amount and duration of alimony. Also, if only your husband committed acts of infidelity, and you did not, the court shall award alimony to you, as long as you are the dependent spouse. There is no certain amount of evidence that is required; you need to show it occurred by a preponderance of the evidence and convince the court it occurred.

Finally, the physical abuse is relevant for child custody. Any child custody case I litigate, I make sure the court is aware of any physical abuse because the behavior puts the children at risk and helps me secure greater custodial rights for my client.

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